특정범죄가중처벌등에관한법률위반(도주치상)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On January 2, 2019, the Defendant driven the said car at around 02:00, and led the intersection in front of the D cafeteria located in the following city C in the direction of E from the direction of E to the left left at an irregular speed.
Since there are crosswalks where signal lights are installed, the defendant engaged in driving service has a duty of care to accurately operate steering the steering gear and brakes in accordance with the signals by accurately operating the steering gear and brakes.
Nevertheless, the defendant neglected this and neglected to turn left on the red signal and caused the victim's bicycle driven by the victim G(11) who has driven the crosswalk in accordance with the pedestrian signals to the right side from the left side of the running direction of the defendant's vehicle to go beyond the upper side of the driver's license.
Ultimately, the Defendant, by negligence in the course of performing the above duties, sustained injuries such as fluoral salt in need of treatment for about two weeks, and escaped without taking necessary measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. The actual survey report and photographs related to accidents;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and the choice of imprisonment for a crime;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1548, Apr. 2, 201; Supreme Court Decision 201Da1448, Apr. 2, 20
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;